Baker v. . West

129 S.E. 804, 190 N.C. 335, 1925 N.C. LEXIS 73

• Court: Supreme Court of North Carolina
• Decided: October 21, 1925
• Status: Published

Opinion

Adams, J.

Tbe plaintiff caused a warrant to be issued charging tbe defendant with bastardy. Upon tbe trial before a justice of tbe peace judgment was rendered for' tbe plaintiff and tbe defendant appealed to tbe Superior Court. At tbe March Term, 1925, in tbe absence of tbe defendant tbe issue of paternity was answered in favor of tbe plaintiff; whereupon it was adjudged that tbe plaintiff recover of tbe defendant and bis surety tbe penal sum of tbe bond to be discharged upon payment to tbe plaintiff of $200 at stated times as tbe judgment provides. C. S., 273; Laws 1921, cb. 109. An execution against property was issued on this judgment and returned unsatisfied; and afterwards an execution against tbe defendant’s person under which be was arrested. Failing to secure bis release by habeas corpus tbe defendant made a motion to set aside tbe judgment against him and at tbe May term tbe motion was allowed, tbe judgment was vacated, and tbe cause was continued.

Tbe defendant’s motion was made for alleged inadvertence, surprise, and excusable neglect under C. S., 600. Tbe trial judge fully stated tbe facts in tbe judgment and found that tbe defendant bad not been negligent and that be bas a meritorious defense. There was evidence to support tbe judgment, and tbe findings of fact - under these circumstances are not reviewable in this Court. Lumber Co. v. Blue, 170 N. C., 1; Gaster v. Thomas, 188 N. C., 346.

Tbe judgment is

Affirmed.